A lot of people think the Constitution is a very old piece of paper hidden under glass at the National Archives in Washington, D.C. The words represent a moment in time, but an evolving society has dictated that amendments and legislation be added to accommodate changing opinions and agendas. The latest evidence of this comes with the nomination of Sen. Hillary Clinton to serve in President-elect Obama’s cabinet as Secretary of State.
According to a clause in the Constitution (Article I Section 6), no lawmaker can be appointed to any civil position that was created or received a wage increase during the lawmaker’s time in office. The clause prohibits self-dealing legislation and is intended to protect the “separation of power” of various branches of government.
In January, President George W. Bush signed an executive order increasing the salaries for the Secretary of State and other Cabinet positions by $4,700. Clinton has been in the Senate since January 2001.
“We think it’s inadequate,” said Tom Fitton, president of Judicial Watch. “You can’t amend the Constitution through legislation like that...the Constitution doesn’t have any caveats. Maybe she has to renounce the salary increase, but I’m sure they’ll find a way around it.”
This is not the first time this issue has arisen. In 1973, President Nixon appointed William Saxbe to be attorney general after he voted to increase cabinet pay during his term. The resolution was for Nixon to petition Congress to allow Saxbe to take the previous attorney general salary.
When faced with a similar situation during his presidency, Ronald Reagan upheld the Constitution closer to home.
“Reagan took a look at this clause and decided against appointing Orrin Hatch, who was a senator and still is, to the Supreme Court,” Fitton said.
It’s disconcerting when the Constitution is overlooked so that individuals can get away with achieving their own self-interests. As evidenced by his nominating of Clinton to a high ranking cabinet position, Obama feels she is the best person for the job, despite the fact that she is the only first lady to have been subpoenaed to testify before a Federal grand jury, a result of her role in the Whitewater controversy. He’s definitely found a lawyer who can talk her way into and out of difficult circumstances.
The Constitution serves two basic purposes: first, to limit the Federal Government; second, to enumerate our basic Rights as individuals. It serves to protect our society and way of life. The Rights of individuals never change and the limitations on the Federal Government do not change without a Constitutional Amendment or Constitutional Convention. It’s an injustice that it is not happening that way today.
http://dailyutahchronicle.com/sports/consitution_bars_clinton_nomination
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